Terms & Conditions

Welcome to the Discover Night, LLC (“NIGHT”) website (https://www.discovernight.com) (the “Website”).  By using our Website to browse or order any Products sold by NIGHT, you agree to be bound to these Terms & Conditions (“Terms”) and our Privacy Policy posted at https://discovernight.com/pages/privacy-page so please read these Terms carefully before using our Website.   

  1. 1. Eligibility to Use Website. You are eligible to use the Website if you are at least 18 years old, authorized by the person, entity or corporation you represent to use the Website including making purchases of our Product and agree to be bound to these Terms.

If you do not agree to these Terms, you may not use the Website or purchase Products through the Website.

 

  1. Content and Intellectual Property Rights.
  •   The Website and its entire Contents are owned by Discover Night, LLC (“NIGHT,” “our,” “us,” or “we”) or one or more third party licensors and protected by U.S. and international copyright laws. “Content” means all features and functionality of the Website, the design, selection and arrangement of the Website, know-how, text, data, software, images, scoring, video and audio available through use of the Website, alterations, modifications and derivatives thereof and all moral, proprietary and intellectual property rights therein.  You may use the Content and the Website only as expressly permitted by these Terms.  You will not use any trademarks, service marks, names, logos or other identifiers of NIGHT without our prior written permission.  All rights not expressly granted in these Terms are reserved to NIGHT. No other rights or licenses, whether express, implied, arising by estoppel, or otherwise are conveyed or intended by these Terms.  Unauthorized use of the Website or Content may result in civil or criminal liability.
  • Your Material. NIGHT does not and cannot monitor or review communications and materials you post, submit, publish, display, transmit or upload to the Website, including by way of example and not exclusion, any data, text, photos, videos, audios, or other material or information  (“Your Materials”).  We are not, in any manner, responsible or liable for the content of Your Materials or interactions with the Website as NIGHT is merely a passive conduit for your distribution of Your Materials.  By posting, submitting, publishing, displaying, transmitting or uploading  Your Material to us through the Website : (i) you grant to NIGHT, its affiliates and service providers, and each of their respective licensees, successors and assigns, a perpetual, irrevocable, nonexclusive, worldwide, royalty-free, assignable, sublicensable and transferable license to use, copy, print, display, reproduce, modify, publish, perform, post, delete, transmit and distribute Your Material for our internal business purposes consistent with our Privacy Policy; and, (ii) you represent and warrant that you have all rights, title and interest to grant NIGHT the right of use of Your Material as described above.  The foregoing being said, however, NIGHT reserves the right to block or remove Your Materials which it determines, in its sole discretion and judgment, to violate these Terms.
  1. Using the Website.

(a)  Browsing.  You are invited to read the Content on the Website to learn about who we are and our Products for free and for your non-commercial, personal purposes. We encourage you to invite and point others to the Website including, by linking to the Website, provided that you do so in a way that is fair and legal and does not damage our reputation, and provided further, that you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent. Content may not be used for any other purpose without our express written permission.

(b) Purchasing Products.  You may purchase Products through our authorized resellers, online through our Website, by calling us or by sending us your purchase order.  All purchases are governed by these Terms.  “Products” means all goods we sell regardless if it is posted on the Website. Permission is granted to electronically copy and print hard copy unrestricted portions of the Contents of the Website (along with all proprietary and copyright notices) for the sole purpose of purchasing Products.

(i)    Creating Your Account.   To purchase our Products online through our Website, you may submit your order as a Guest or may create an account. 

  • As a Guest, you will provide your first name, last name, email address and phone number to NIGHT.
  • To create an account, you will provide the same information as a Guest and you will choose a User ID and unique password.

(ii)  Your Account Information.  You promise that all the information you provide to create your Account or to purchase Products is accurate and truthful. You agree to maintain the accuracy of your Account Information and to answer any questions we may ask of you to verify your identity. 

(iii)   Safeguarding Your Account. You are solely responsible for maintaining the confidentiality of your User ID and password and accept all liability for all damages resulting from the unauthorized use of your Account.  NIGHT has no liability for the unauthorized use of your Account.  If you suspect or discover any unauthorized use of your Account or the security of your Account has been compromised, notify NIGHT immediately by contacting us at info@discovernight.com. You agree to assist, at your sole cost and expense, in the investigation and remediation and required notice or reporting of all such incidents. NIGHT has no liability for the unauthorized use of your account.

(iv)  Terminating Your Account.  You may submit a request to terminate your Account by contacting us info@discovernight.com. This will not automatically delete all of Your Material you have posted information you have provided to us.  We will retain certain information as required by law or as necessary for our business purposes. These Terms, including our rights to User Content, survive termination of these Terms for any reason.

(v)   Payment.  You may pay for the Products (and all related charges) online, by check or electronic transfer. Payment of the purchase price (and all other related charges) for the Products are due and payable, in full, without set-off, deduction or refund, before the Products are scheduled for shipment unless we first agree to alternative payment terms and/or return and refund rights in writing and except as permitted by our Return Policies posted here. Online payments are processed through our third-party payment processor identified at the time of checkout. NIGHT may make adjustments to your payment or assist with responding to queries regarding online payments but NIGHT is not responsible or liable for the services performed by the third-party payment processor. 

(vi)  Shipment/Delivery.   We will pack and ship the Products to you in accordance with our standard practices and deliver the Products: (A) within the United States, FOB Destination (Incoterms 2020) so risk of loss and title pass to you on delivery at the destination stated in your order; and (B) outside of the United States, FCA (Incoterms 2020) so title and risk of loss pass to you once we deliver the Products to the carrier and you are responsible for complying with all applicable export and import laws and regulations. All additional charges for shipment, insurance, duties, taxes and other fees will be applied to your account.  Delivery dates are not guaranteed and supply of Products is subject to availability so we are not liable or responsible for delayed shipments. We will provide you with tracking information.  We may assist with claims for damage or lost Products so please contact us at: hi@discovernight.com within 48 hours of delivery time.

(vi)  Order Administration.  NIGHT, in its sole discretion, reserves the right to change, reject or cancel any orders to purchase Products before shipment, suspend shipment of Products in transit or to limit or cancel quantities purchased for any reason without liability.  If your credit card has already been charged for the purchase and your order is cancelled, a credit to your credit card account in the amount of the price will be issued. 

  • Other Restrictions on Use. You promise you will not, and will not permit anyone else, to use the Website except as expressly allowed by these Terms to: 
  • copy, use, modify, adapt, alter, translate, or create derivative works or distribute Content;
  • remove or obscure any proprietary notices on the Website or Services;
  • use, or permit use of, the Website or Content, in violation of any applicable law, statute, ordinance or regulation (including, without limitation, those governing export control, consumer protection, privacy, or false advertising), in a manner other than as provided for by these Terms, that is unlawful, tortious, infringing, defamatory, libelous, immoral, pornographic, obscene, vulgar, threatening, harassing, abusive, hateful, or harmful, contains any viruses, Trojan horses, worms, time bombs, cancel bots, or deleterious computer code, files, scripts, agents, or program that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information (“Malware”), that contains any incomplete, false, inaccurate, or misleading information or that constitutes unauthorized or unsolicited advertising, junk or bulk email;
  • harvest, collect, gather or assemble information or data regarding third parties using the Website; or,
  • interfere with, burden, or disrupt the integrity or performance of the Website or Content, or interfere with another's use and enjoyment of the Website including by means of overloading, “flooding,” “spamming,” “mail bombing,” or “crashing” the Website.

 

  1. NO STRINGS ATTACHED” POLICY, LIMITED PRODUCT WARRANTIES AND RETURN POLICIES.

 

(a)   NO STRINGS ATTACHED POLICY” is posted at https://discovernight.com/pages/no-strings-attached.  This Policy applies only to all NIGHT Pillows meaning NIGHT Bed Pillows in Standard/Queen or King, 2 Ways Beauty Pillow in Standard/Queen or King, 4 Ways Beauty Pillow in Standard/Queen or King, Shine Vegan Beauty Pillow in Standard/Queen or King excluding Pillowcases and Travel Pillows sold on discovernight.com.  For the first 101 nights from the date your NIGHT Pillow is ordered, you may return the new Pillow for any reason for a 100% refund of the purchase price you paid for the Pillow by following our Return Policies.

(b)  THE LIMITED PRODUCT WARRANTIES.  Discover Night, LLC (“NIGHT”) offers, during the applicable warranty period, the following Limited Product Warranties for Products to the original purchaser who purchased the Product directly from NIGHT or through any NIGHT authorized reseller:

(i)    All Bed Pillows:  Beginning on day number 102 immediately following the expiration of the No Strings Attached Policy and running through the third anniversary of date your Pillow was ordered, NIGHT offers a LIMITED PRODUCT WARRANTY  for all NIGHT Pillows excluding Pillowcases and Travel Pillows. This means NIGHT warrants the Pillow against defects in material and workmanship as originally packaged and delivered to you (“Defects”) when the Pillow is used normally as intended and in accordance with the applicable posted Care instructions, other instructions provided with the Pillow and common sense. 

(ii)  All NIGHT Silk and Satin Products Excluding Face Masks/Face Coverings:  NIGHT offers a LIMITED PRODUCT WARRANTY for all NIGHT Silk and Satin Products (for example, Bed Pillow Pillowcases and Scrunchies) excluding Face Masks/Face Coverings and Travel Pillowcases. This means that, for 3 years from the date these Products are ordered, NIGHT warrants these Products against Defects when used normally as intended and in accordance with all posted Care instructions, other instructions provided with the Product and common sense.

 

(iii)  All NIGHT Creams and Topical Products:  NIGHT offers a LIMITED PRODUCT WARRANTY for all NIGHT Creams and Topical Products including the Golden Silk Sheet Mask. This means that, for 30 days from the date these Products are ordered or purchased, NIGHT warrants these Products against Defects when used normally as intended and in accordance with all instructions and common sense.

 

(iv)  All NIGHT Face Masks/Face Coverings:  Warning: The Face Masks/Face Coverings are not medical-grade. These Products are ear loop face masks/face coverings. These Products are not a respirator and will not guarantee protection against COVID-19 (Coronavirus) or other viruses or contaminants. 

The NIGHT Face Masks/Face Coverings are FINAL SALE and cannot be exchanged, returned or refunded. Due to the nature of face masks/face coverings, refunds may be authorized only if the Product has a Defect. 

 

(v)   All Other NIGHT Products:  NIGHT offers a LIMITED PRODUCT WARRANTY for all other Products not listed above in this Section 4, for example: the Travel Pillow and its Pillowcase, NIGHT Pillow Compression Case and Eye Masks.  This means that, for 30 days from the date any of these Products are ordered or purchased, NIGHT warrants these Products against Defects when used normally as intended and in accordance with all instructions and common sense.

 

(c) C. TO WHOM THE LIMITED PRODUCT WARRANTIES APPLY. The Limited Product Warranties apply only, during the applicable warranty period, to the first purchaser of the Product who purchased the Product directly from Discover NIGHT or a Discover NIGHT authorized retailer. Warranties are not transferable or assignable.

(d) WHAT THIS LIMITED PRODUCT WARRANTIES COVER. The Limited Product Warranties apply to Defects due to faulty workmanship or materials for Products only sold by a NIGHT authorized retailer or purchased directly from NIGHT excluding:

  • As to NIGHT Bed Pillows and Travel Pillow:
    • Normal increases in softening and settling of materials or any other normal wear and tear.
    • Comfort preference.
    • Damage to the NIGHT Pillow caused by misuse, abuse or failure to follow Care instructions, for example: burns, cuts, tears, liquid damage or stains.

 

  • All NIGHT Silk and Satin Products, Travel Pillow, NIGHT Pillow Compression Case and Eye Masks Excluding Face Masks/Face Coverings:
    • Comfort or color preference.
    • Damage to the Product caused by misuse, abuse or failure to follow use and/or Care instructions, for example: burns, cuts, tears, liquid damage or stains.
  • All NIGHT Creams and Topical Products: Products used contrary to instructions.

(e)  RETURN POLICIES AND YOUR RESPONSIBILITIES.   We are in the business of comfort. Rest assured we’ve got you covered. If you are would like to report a Defect in your Product or are unhappy with your purchase, our customer service team is here to work with you to find a solution so please reach out to us at: hi@discovernight.com so we can address your request.

  • Return Policy:
  • BED PILLOWS:
  • We understand that adjusting to a new pillow can we require some time. This is why we have a 101 Night Trial period for all bed pillows (NIGHT Pillow, 2 Ways Beauty Pillow, 4 Ways Beauty Pillow, Vegan Down Beauty Pillow). In fact, we recommend sleeping on the pillow for at least 10 days before making a decision. Our research shows that it takes the body a minimum of 10 days to begin to adjust and experience the benefits.
  • FACE MASKS:
  • Please note: The Silk Face Masks are FINAL SALE and cannot be exchanged, returned or refunded. Due to the nature of this product, returns and exchanges will not be authorized unless there is a defect with the particular item. If this is the case, please reach out to our customer service team at hi@discovernight.comand we will replace the item at no additional cost.
  • ALL OTHER PRODUCTS ON DISCOVERNIGHT.COM

    From pillowcases and eye masks to scrunchies and skincare, we want you to enjoy the full beauty sleep experience. You may return a NIGHT product (other than exclusions above) for ANY reason within 30 days of purchase date for a full refund. We accept product in new, unopened boxes or in gently used condition.

 

Sale items cannot be exchanged, returned or refunded. All sales on reduced stock are final. 

Refunds will be issued in the original payment method or store credit following receipt of the returned Product as authorized by our customer service team.

Please be prepared to provide your receipt as proof of purchase of the Product and respond to requests for additional other information and/or pictures to process your request. 

If you are required to return the defective Product, NIGHT may pay the cost of return shipment within the United States.  Receipt of the defective Product may be required before a replacement is shipped to you and/or a refund is issued. Replaced or repaired Products are subject to the same Limited Product Warranties of the original Product and the applicable warranty period runs from the date the original Product was purchased. For example, the applicable warranty period for the replaced or repaired NIGHT Pillow begins on the date the original NIGHT Pillow was delivered to you. 

Please note NIGHT monitors return activity for abuse and reserves the right to limit returns or exchanges in all instances without liability notwithstanding any policy or warranty. All returns are subject to validation and approval at NIGHT’s discretion.

 

  1. Warranty Disclaimer.
  • Use of the Website is at your own risk. The internet is an open system and NIGHT cannot and does not warrant or guarantee that third parties cannot or will not intercept, copy or modify your Personal Information (as defined in the Privacy Policy).
  • The Website may not include Content pertaining to all Products sold by NIGHT.  In addition, Content posted on the Website may differ from the actual Product delivered to you.  For example, actual prices may differ from amounts charged or be changed; Products may be changed, unavailable or discontinued; posted information or depictions of Products may not be accurate, complete or current.  As such, the Website should not be relied on solely in making your buying decision. 

(c) As-Is.  Except as expressly stated in Discover NIGHT’s “No Strings Attached” Policy, Limited Product Warranties and Return Policies and to the fullest extent permissible pursuant to applicable law, NIGHT disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, title and non-infringement.  NIGHT does not warrant  the Products or the quality of any Products will meet your needs or expectations or Defects will be corrected Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.   YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.

(d)  Remedy.   As your sole remedy for our breach of this Warranty, we may replace Products not materially conforming to our specifications when used in accordance with our instructions and common sense in accordance with and subject to Section 4, “No Strings Attached” Policy, Limited Product Warranties and Return Policies, unless your NIGHT quotation or order states the Products are non-returnable and/or the purchase price is nonrefundable

  1. Limitation of Liability.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT AS  expressly stated in Discover NIGHT’s “No Strings Attached” Policy, Limited Product Warranties and Return Policies, IN NO EVENT WILL DISCOVER NIGHT, ITS MANAGERS, officers, directors, employees, contractors, licensors, suppliers, successor AND assigns, BE LIABLE FOR PROCUREMENT OF SUBSTITUTE PRODUCTS, FOR MATTERS BEYOND THEIR REASONABLE CONTROL  OR OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATED TO THE PRODUCTS OR USE OF THE PRODUCTS BY YOU OR ANY THIRD PARTY, WHETHER UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), INDEMNITY, PRODUCT LIABILITY OR OTHERWISE. THIS LIMITATION WILL APPLY EVEN IF NIGHT HAS BEEN ADVISED OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.  NIGHT’S TOTAL AGGREGATE AND CUMULATIVE LIABILITY WILL NOT EXCEED THE PURCHASE PRICE PAID FOR THE PRODUCT GIVING RISE TO SUCH LIABILITY.

 

For jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of this Agreement, if your jurisdiction has provisions specific to waiver or liability that conflict with the foregoing, then our liability is limited to the smallest extent possible by law.  Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by our negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation or intentional misconduct; or (c) any liability which it is not lawful to exclude either now or in the future.

  1. Indemnification.  You agree to defend, indemnify and hold NIGHT, its officers, directors, employees, agents, licensors, suppliers, successors and assigns, harmless against all losses, expenses, costs or damages (including its reasonable attorneys’ fees, expert fees and other reasonable costs of litigation) arising from, incurred as a result of, or in any manner related to your negligence, breach of these Terms or violation of any applicable law including, by way of example, export/import and privacy laws and regulations.
  2. Term; Termination. These Terms are effective on the date you first use the Website for any purpose and may be terminated by NIGHT without notice, at any time, for any reason and without liability. Your right to access and use the Website and Content immediately terminates without further notice upon your breach of these Terms.  Violation of these Terms may result in criminal and civil liability.  NIGHT may suspend or terminate your right to use the Website or Content at any time, with or without cause.  NIGHT reserves the right to discontinue or make changes to the Site at any time.  Sections 2, 3(b)(iii) through (v), 4 – 7, 9 and 10 survive termination of these Terms for any reason.
  3. Advertisements, Links to Other Websites and Third-Party Service Providers. The Website is hosted by Shopify, Inc. You may familiarize yourself with its terms  https://www.shopify.com/legal/terms.  The Website  contains links to third-party websites, advertisers, or services that are not owned or controlled by NIGHT and as described in more detail in the Privacy Policy including, by way of example and not exclusion, the third party payment processor.  Access to or use of third-party sites or services are at your own risk.  We are not responsible for any loss or damage of any sort relating to your dealings with these parties even if we provide assistance in resolving any claims or disputes with such third party.  We encourage you to be aware of when you leave the Website and to read the terms and conditions and privacy policy of any third-party website or service that you visit.
  4. Based in the United States.  The Website is controlled and operated in the United States and directed to persons, entities and corporations located in the United States.  Those who access or use the Website outside of the United States do so at their own volition and are entirely responsible for compliance with local law, including but not limited to export and import compliance and consent to the processing of their Personal Information (as defined in the Privacy Policy) by NIGHT  in the United States. 
  5. General Provisions.

(a)  Entire Agreement.  These Terms and our posted Privacy Policy are our entire agreement, and supersede all prior negotiations, understandings or agreements (oral or written), between us about the subject matter of these Terms pertaining to use of the Website and the purchase of Products. These Terms can be modified only in writing signed by both of us. You acknowledge and agree that the provisions, disclosures and disclaimers of these Terms are fair and reasonable and your agreement to will follow and be bound to them is not the result of fraud, duress or undue influence exercised upon you by any person or entity.. 

(b)  Assignment.  This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by NIGHT without restriction.

(c)    Waiver. Severance. The failure of a party to enforce its rights under these Terms at any time for any period will not be construed as a waiver of such rights.  If any provision of these Terms or the Privacy Policy is determined to be illegal or unenforceable, that provision will be limited or eliminated to the minimum extent necessary so that these Terms or the Privacy Policy will otherwise remain in full force and effect and enforceable.

(d)  Governing Law, Attorneys Fees and Compliance.   These Terms are governed by and construed in accordance with the laws of the State of New York, without regard to its conflicts of law provisions.  The prevailing party in any action relating to these Terms is entitled to recover its reasonable attorneys’ fees and costs. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of NIGHT products) shall be in the state or federal courts located in New York, United States. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of NIGHT products) must be commenced within one (1) year after the claim or cause of action arises. NIGHT' failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. NIGHT may assign its rights and duties under this Agreement to any party at any time without notice to you.

(e) Arbitration. In the event a dispute arises between you and NIGHT arising out of this  “No Strings Attached” Policy, Limited Product Warranties and Return Policies, such dispute will be determined and settled by binding arbitration  conducted in accordance with the expedited procedures set forth in the JAMS Comprehensive Arbitration Rules and Procedures as those Rules exist on the effective date of this Agreement, including Rules 16.1 and 16.2 of those Rules.

You must seek arbitration for disputes arising out of this No Strings Attached” Policy, Limited Product Warranties and Return Policies prior to exercising any rights or seeking any remedies created by the Title I of the Magnuson Moss Warranty Act. If you choose to pursue any rights and remedies that are not created by Title I of the Magnuson Moss Warranty Act, then arbitration is not required.

Arbitration will take place in New York, New York.

The arbitration will not be combined with any other proceeding or arbitration against one of the parties. The parties will designate one arbitrator who will serve as the sole arbitrator. If the parties are unable to agree, then JAMS will appoint the arbitrator who has industry knowledge and experience.  All arbitration proceedings will be closed to the public and confidential and all related records will be permanently sealed, except as necessary to obtain court confirmation of the arbitration award. The decision and the arbitrator’s award will be in writing and will include a statement setting forth the reasons for the disposition of any claim. The arbitrator’s award will be final and binding on the parties, and judgment thereon may be entered in any court of competent jurisdiction.  The prevailing party is entitled to an award of its reasonable attorneys’ fees and all costs.

(f)  Independent Contractors.  The parties are independent contractors, joint ventures or partners of each other and not the employer, employee, agent or representative of the other party.

(g)  English LanguageThe English version of these Terms governs. All communication, disputes, claims and causes of action (and related proceedings) will be conducted in the English language.

(h)  Changes to These TermsIf we make a material change to these Terms, we will post a notice of those changes on our Website and may notify you by email (sent to the email address specified in your Account) prior to the change becoming effective. You are bound by changes to these Terms when you use the Website and/or purchase Products after those changes have been posted. We encourage you to periodically review this page for the latest version of these Terms.

(i)  Contact UsIf you have any questions or concerns about these Terms, the Website, the Products or  your dealings with this Website, including any bugs or actual or potential threats to the security of our Website and protection of your Personal Information, please contact us at info@discovernight.com or hi@discovernight.com or 302 W. 37th Street, Fifth Floor, New York, New York 10018, Telephone number: 1.888.825.6282.

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